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In determining whether speech is commercial, courts generally consider three factors: (1) whether the communication is an advertisement; (2) whether the communication refers to a specific product or service; (3) and whether the speaker has an economic motivation for the speech. [6] If all three elements are met, then there is a strong likelihood that the speech is commercial. [7] “Native advertisements” – as defined above – fall squarely within the traditional… [read post]
16 May 2018, 2:28 pm
  The release follows a pardon granted by the country’s King Muhammad V at the invitation of Mahatir Mohamad. [read post]
27 Sep 2018, 6:00 am by Brian Gallini
That remarkable behavior is constitutional pursuant to the Supreme Court’s 1984 decision in Strickland v. [read post]
28 Aug 2012, 10:14 am by Michelle Yeary
  That’s almost a textbook definition of a purely federal cause of action barred under Buckman and §337(a). [read post]
10 Jul 2018, 5:17 pm by Kevin LaCroix
[i] In the fall of 2017, the SEC commenced three separate enforcement actions against individuals and defendants seeking to conduct ICOs (i.e., SEC v PlexCorps et al., SEC v. [read post]
3 Mar 2010, 11:21 am by David
  In Animal Legal Defense Fund v. [read post]
22 Feb 2009, 11:34 am
  This analysis of charitable purpose falls under the categories of Organizational Requirements and Operational Requirements. [read post]
28 Dec 2010, 10:04 am by Mandelman
Under the measure, passed overwhelmingly by the State Legislature and backed by the state bar association, lawyers who work on loan modifications cannot receive any money until the work is complete. [read post]